Homeowners Association Litigation

Homeowners Associations Law Practice

Homeowner associations (“HOAs”) are formal legal entities created to maintain common areas and enforce restrictions (Covenants, Conditions and Restrictions). Gates, Gonter, Guy, Proudfoot & Muench LLP represents homeowner associations, boards (directors and officers) and individual HOA members in a wide range of litigation matters. Our clients benefit from the unique perspective that we have gained by serving both the plaintiff and defendant sides of HOA matters. In terms of property types, we represent HOA condominiums, townhomes, single-family homes, and commercial condominium subdivisions.

Our Homeowners Law Practice is comprised of highly accomplished attorneys with extensive backgrounds in litigation matters and who are very familiar with the nuances of this area of law. HOA boards and members appreciate Gates, Gonter, Guy, Proudfoot & Muench LLP’s ability to develop practical and cost-effective solutions to their litigation concerns. Our firm provides comprehensive expertise in a broad array of litigation matters:

• Enforcement of CC&Rs
• Architectural enforcement
• Common area disputes
• Assessments and fines collections
• Construction defects
• Director and officer liability
• Fraud, conversion and misappropriation of funds
• Breach of contract
• Americans with Disabilities Act issues
• Insurance coverage litigation
• Cumis counsel matters

Our firm is often engaged to represent directors and officers in liability issues, which is especially important for these unpaid volunteers in protecting their personal financial liability. Further, when the association faces matters in which vendors or contractors have failed to fulfill obligations, we aggressively pursue resolution of the dispute on behalf of our client, working to resolve the matter in an expeditious and cost-effective matter.

Gates, Gonter, Guy, Proudfoot & Muench LLP represents HOAs in Cumis counsel matters, in which an insurance company denies coverage and a defendant can hire their own attorney. We also represent associations in casualty claims against their insurance carriers, such as catastrophic damage claims.

Our attorneys efficiently and successfully guide our clients through the entire litigation process, from the beginning of the dispute, until final disposition. At the outset we provide an initial analysis of the dispute and recommendations as to course of action. We then represent clients in litigation, arbitration, or other forms of Alternative Dispute Resolution. Frequently, we can reach our clients’ goals through negotiation instead of further litigation.